Abhishek (Advocate) 11 August 2009

Restoration Petition

Dear Friends,

Please provide me any judgement relating to the following:

I filed a restoration petition before the civil court for restoring the petition filed by the petitioner. The said petition was filed for restoring the set aside the order against the petition filed under order IX Rule 7 CPC.

This is the second time i have filed the petition for restoring the order. earlier the set aside petition was filed as the defendant was set ex-parte and again the said defendant/petitioner was dismissed for default.

Please provide any judgement as there is genuine reason for non-appearance before the concerned court.

Replies awaited.

Reply Follow

4 Replies

VIPIN SHARMA (Mob.-9610000043) (ADVOCATE) 12 August 2009

Please first clear whether you want to restore the petition which has been dismissed in default or you want to get set aside the order of ex-parte proceeding. Since restoration petition can be filed under order 9 rule 9 of cpc and for setting aside ex-parte order covered under order 9 rule 7 of CPC

Abhishek (Advocate) 12 August 2009

Firstly i have been set ex-parte in the injunction application, then i had filed a set aside petition which was dismissed for default and for the same i had filed the restoration petition. Please provide me any judgement.

kranthi kiran (Works In Judicial Department) 13 August 2009

Dear Abhishek see whether these judgments may help u

2001(2) Civil Court Cases 296 (Kerala)

KERALA HIGH COURT

Manoharan

Ezhome Grama Panchayat

Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 - Restoration of restoration application - Application is maintainable.

1993 Civil Court Cases 484 (Allahabad)

ALLAHABAD HIGH COURT

M/s C.P.properties Ltd.

M/s Matadin Bhagwan Dass & others

Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 - Restoration of restoration application dismissed for default - Procedure provided for restoration of suit applies.

1997(1) Civil Court Cases 525 (Delhi)

DELHI HIGH COURT

Continental Construction Ltd.

Continental Float Glass Ltd.

Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 - Application U.O.9.R.13 - Dismissed for default - Restoration of such an application can be ordered u/s 151 CPC.